Regular Council Meeting

That the Regular Council and Special Council minutes of April 28, 2025 be approved.

That the rules of procedure be suspended to hear the delegation from Stephanie Leblanc, Resident, regarding Item 13.1, Office of the Town Clerk Report CLK 06-25. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Cardwell X Councillor Lundquist X Councillor Bozinovski X Results 8 1 0

That the proclamations for Sickle Cell Awareness Day and Prostate Cancer Awareness Month and the flag raising for Childhood Cancer Awareness Month be endorsed.

That Correspondence # 2025-246 received from Janice Atwood and Jeff Abrams, Co-Principals, Principles Integrity dated May 1, 2025 regarding the Integrity Commissioners Annual Report - Town of Whitby be received for information.

That Council approve the Draft Plan of Subdivision (File Number: SW-2022-01), subject to the comments included in Report PDP-22-25 and the Conditions of Draft Plan Approval included in Attachment #9; That Staff be authorized to prepare a Subdivision Agreement; That Council approve the amendment to Zoning By-law #1784, (File Number: Z-02-22) and that a Zoning By-law Amendment be brought forward for consideration by Council at a later date; That Williams and Stewart Associates Ltd. be appointed as the Control Architect for the Draft Plan of Subdivision; and, That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision.

That a new 2025 capital project, in the amount of $40,000,000 be approved for Columbus Road Widening Phase 1 (Country Lane to Ashburn Road) funded as follows: $15,052,500 reallocated from Project #40246048 (Ashburn Road to Baldwin Street) as outlined in Staff Report PDE 02-25; $19,918,750 from the Province of Ontario’s Housing-Enabling Core Servicing grant; $4,274,437.50 from the Development Charges Reserve Fund for Roads and Related Town-wide Infrastructure; and, $754,312.50 from the Growth Capital Reserve Fund. That Bumstead Integrated Transportation Consulting be awarded a single source contract for municipal-side contract management of the project, in the amount of $375,000, funded from the new 2025 Capital Project Columbus Road Widening Phase 1 works; That, for the Columbus Road Phase 1 project, the Commissioner of Planning and Development, together with the Commissioner of Financial Services and Treasurer, and the Senior Manager of Procurement be delegated authority to award contracts that normally require Council authorization beforehand; That Staff report on procurements awarded, that normally would require Council approval, at the earliest opportunity following the event; Staff be authorized to enter into funding agreements with the Region of Durham and/or Developers for the cost recovery of water and sewer servicing works; and, That prior to the award of the construction contract, Staff be authorized to create a new capital project for Columbus Road Phase 1 water an

That the final project cost of the Des Newman Boulevard and Rossland Road works completed by the West Whitby Landowners Group (“WWLG”) and Region of Durham, in the amount of $36,306,982 (as outlined in Table 5 of Report PDE 04-25) be approved; That the budget shortfall in Capital Project # 40256058, in the amount of $ 2,373,427 (as outlined in Table 5 of Report PDE 04-25), be funded from the Development Charges Roads and Related Town-wide Infrastructure Reserve Fund (“DC Roads RF”); That the Ontario Ministry of Transportation’s (“MTO”) outstanding reimbursement for the MTO portion of Des Newman Boulevard / Coronation Road and Rossland Road works, in the amount of $8,875,817 (as outlined in Table 4 of Report PDE 04-25), be funded from the DC Roads RF to be offset by any future recoveries from the MTO; That staff be authorized to negotiate, and the Mayor and Clerk be authorized to execute, one or more agreements with the WWLG to close the Development Charges Works Funding and Reimbursement Agreement (“WWLG Agreement”) for the Des Newman Boulevard and Rossland Road works, and to indemnify each other for future claims and costs related to the project, all in a form that is satisfactory to the Commissioner of Financial Services and Treasurer (or designate) and the Commissioner of Legal and Enforcement Services/Town Solicitor (or designate); and, That staff be authorized to negotiate and finalize, and the Mayor and Clerk be authorized to execute, one or more cost sharing agreements

That Report FS 15-25 entitled “2024 Annual Investment Report”, be received for information.

That staff be authorized to award a single source contract to Thomas Brown Architects for the detailed design of the New Whitby Fire Station, in the amount of $942,185 plus HST, funded from capital project # 71231201 - FH6 - New Construction; and, That a 2025 capital project be approved for the construction of Fire Hall 6, in the amount of $17,000,000, funded from internal borrowing between Development Charges reserve funds as outlined in Report FS 26-25. Voters For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 9 0 0

That Council approve the Affordable Residential Units Exemptions Policy included as Attachment 1 of Report FS 14-25; and, That the Treasurer be delegated the authority to enter into and make certain amendments to the agreements as outlined in Report FS 14-25 with the Region of Durham and property owners for the purpose of providing development charge, parkland dedication, and community benefit charge exemptions for Affordable Residential Units.

That Report CMS 07-25 be received for information; and, That the proposed amendments to the Town’s Private Transportation Services By-law # 7398-18, substantially as appended in Attachment 1, be brought to Council for consideration and adoption.

Whereas the Durham District School Board (DDSB) continues to face rapid enrollment growth which is expected to continue in the coming years; and, Whereas to manage this growth sustainably, the DDSB urgently needs the Provincial Government to remove the Educational Development Charge (EDC) cap as the cap significantly restricts the ability of school boards to recover the true cost of acquiring land for new schools. Now therefore, be it resolved: That Correspondence # 2025-235 from the Durham District School Board received on April 29, 2025 regarding Durham District School Board Enrollment Pressures and Funding Challenges be received for information; and, That Whitby Council calls on the Province of Ontario to remove the EDC cap as the difference between the capped rate and the actual rate required to purchase land for new schools is so significant, that without action, the debt being incurred to purchase land will soon become unserviceable and the opportunity will be missed for the growth that is currently occurring to pay for the development of new schools.

That the 2026 to 2028 Multi-year Budget Process, Communication and Public Engagement Plan and Budget Calendar outlined in Staff Report FS 27-25 be approved with Budget Books to be released on October 27, 2025 and with the Mayor’s Budget Memo to be provided on November 7; That the following reduced timelines for budget amendments, vetoes, and other budget procedural matters for the 2026 to 2028 Multi-year budget be approved: The Council Budget Amendment Period be reduced to 20 days (from 30 days) following Council’s receipt of the proposed budget from the Mayor; The Council Override of the Mayor’s Veto Period expire 14 days (from 15 days) after the Mayor’s Veto Period; The deadline to provide the Clerk with Council motions to amend the budget be set for 4:30 p.m. on November 24, 2025; The Town Clerk is authorized to cancel the November 27, 2025 and December 15, 2025 Special Council Meetings on the budget if no Council Budget Amendments are received by the Town Clerk by 4:30 p.m. on November 24, 2025; The deadline to provide the Clerk with Council motions to override the Mayor’s Veto of any Council-approved budget amendments be set for 4:30 p.m. on December 10, 2025; and, The Town Clerk is authorized to cancel the December 15, 2025 Special Council Meeting on the budget if the Town Clerk does not receive any motions to override the Mayor’s vetoes, if any, to Council Budget Amendments by 4:30 p.m. December 10, 2025; That Council receives for information the proposed four (4) day

That Report CAO 09-25 Economic Development Trade Mission be received as information; and, That the Clerk be directed to forward a copy of Report CAO 09-25 to the Director of Economic Development & Tourism, Region of Durham.

That Report CLK 05-25 providing an update and overview of the Town’s accountability and transparency framework be received for information; That the revised Accountability and Transparency Policy G 010 appended as Attachment 1 to Report CLK 05-25 be approved; That the Clerk be directed to bring forward a by-law to amend Procedure By-law #8081-24 to enact the following changes: Include the playing of the National Anthem as part of the opening protocols for Regular Council meetings; and, Permit recorded votes at Standing Committee meetings. That the revised Closed Meeting Policy G 040 appended as Attachment 2 to Report CLK 05-25 be approved; and, That the Clerk be directed to take the necessary actions to use the Ontario Ombudsman as the default closed meeting investigator in accordance with section 239.1 of the Municipal Act, 2001, including termination of the existing agreement for closed meeting investigator services with the Local Authority Services (LAS).

That Item 3 of the main motion be amended to read as follows: 3. That the Clerk be directed to bring forward a by-law to amend Procedure By-law #8081-24 to enact the following changes: a. Include the playing of the National Anthem as part of the opening protocols for Regular Council meetings; b. Preclude delegates for Integrity Commissioner reports; and, c. Permit recorded votes at Standing Committee meetings. Voters For Against Conflict Councillor Bozinovski X Councillor Yamada X Councillor Leahy X Mayor Roy X Councillor Cardwell X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Results 6 3 0

That report FES 01-25 be received for information on the pending changeover to the Medical Priority Dispatch System (MPDS); and, As per the Fire Department Establishing and Regulating By-law #7263-17 (Attachment #1), Council approves an amendment to the Town of Whitby’s current Fire Tiered Response Criteria (Attachment #2), moving the Town of Whitby to Level A, in alignment with the City of Oshawa, the Town of Ajax and the Township of Clarington.

Whereas PARA Marine Search and Rescue (PMSAR) is a registered Canadian charity that has been operating with a dedicated team of volunteers since 1967, who have contributed thousands of hours annually to ensure the safety of individuals participating in water activities on Lake Ontario; and, Whereas PMSAR annually conducts over 30 search and rescue missions in coordination with Canadian Coast Guard, from Port Credit to Port Hope. Notable rescues include the recovery of kayakers, children on floats, and searches for missing persons off the shores of Lake Ontario. The unit works alongside various other government departments including local police, fire, EMS, and Coast Guard for both Canada and the US; and, Whereas PMSAR’s commitment to safety, teamwork, and community has been recognized through numerous awards and recognitions; and, Whereas PMSAR and its volunteers play a vital role in keeping the Lake Ontario waterfront and residents in Durham Region safe; and, Whereas despite its vital work, PMSAR operates with minimal federal support, relying heavily on community funding and volunteer efforts to raise funds for major capital acquisitions; and, Whereas the lack of direct sustainable and predictable funding from upper-tier governments poses a significant risk to the continuity and effectiveness of PMSAR’s long-term operations; and, Whereas PMSAR is in need of additional funding to procure a new vessel to replace their current vessel which will be at end of life in the mid-2030

That Negotiable Request For Proposal (NRFP-20-2024) to obtain food and beverage / restaurant proposals for the Rowe House be awarded to 301 Rowe Inc.; That the Mayor and Clerk be authorized to execute a ten (10)-year commercial restaurant lease, with an option to extend for two (2) additional five (5)-year terms, with 301 Rowe Inc. for the Rowe House property, located 301 Front Street West, subject to terms substantially outlined in Confidential Report FS 01-25 and in a form satisfactory to the Commissioners of Community Services, Financial Services/Treasurer, and Legal and Enforcement Services/Town Solicitor (or their respective designates); That the requirement in Town Policy F-190 for the Town to provide public notice of long-term lease and report back to Council on any written objections received be waived; and, That the Commissioner of Financial Services & Treasurer, or designate, be authorized to enter into an agreement with 301 Rowe Inc. to provide access to the Rowe House in advance of the Possession Date, June 1, 2025, to allow for 301 Rowe Inc.’s consultants to start design and other works on the property.

Whereas the Town of Whitby currently elects its Regional Councillors at large; and, Whereas at-large systems can lead to gaps in geographic representation and reduce the ability of residents to have a direct and accountable representative for their specific area at the Regional level; and, Whereas transitioning to a ward-based system for Regional Councillor elections would enhance accountability, ensure geographic equity, and improve the representativeness of the Regional Council; and, Whereas a ward-based system can lower barriers to candidacy and promote more diverse and community-rooted leadership. Now therefore, be it resolved: That the Town of Whitby transition from at-large elections for Regional Councillors to a ward-based system whereby each Regional Councillor is elected by voters within a designated ward; That Staff be directed to bring forward the necessary by-law amendments, required to enable this change; and, That the new ward-based Regional Councillor election system be in place for the 2026 municipal election.

That leave be granted to introduce By-laws # 8187-25 to # 8195-25, with By-law # 8190-25 being as amended, and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That leave be granted to introduce a by-law and to dispense with the reading of the by-law by the Clerk to confirm the proceedings of the Council of the Town of Whitby at its regular meeting held on May 26, 2025 and the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting adjourn.

That the rules of procedure be suspended to hear the delegation from Stephanie Leblanc, Resident, regarding Item 13.1, Office of the Town Clerk Report CLK 06- 25. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 8 1 0

1. That a new 2025 capital project, in the amount of $40,000,000 be approved for Columbus Road Widening Phase 1 (Country Lane to Ashburn Road) funded as follows: a. $15,052,500 reallocated from Project #40246048 (Ashburn Road to Baldwin Street) as outlined in Staff Report PDE 02-25; b. $19,918,750 from the Province of Ontario’s Housing-Enabling Core Servicing grant; c. $4,274,437.50 from the Development Charges Reserve Fund for Roads and Related Town-wide Infrastructure; and, d. $754,312.50 from the Growth Capital Reserve Fund. 2. That Bumstead Integrated Transportation Consulting be awarded a single source contract for municipal-side contract management of the project, in the amount of $375,000, funded from the new 2025 Capital Project Columbus Road Widening Phase 1 works; 3. That, for the Columbus Road Phase 1 project, the Commissioner of Planning and Development, together with the Commissioner of Financial Services and Treasurer, and the Senior Manager of Procurement be delegated authority to award contracts that normally require Council authorization beforehand; 4. That Staff report on procurements awarded, that normally would require Council approval, at the earliest opportunity following the event; 5. Staff be authorized to enter into funding agreements with the Region of Durham and/or Developers for the cost recovery of water and sewer servicing works; and, 6. That prior to the award of the construction contract, Staff be authorized to create a new capital project for

1. That the final project cost of the Des Newman Boulevard and Rossland Road works completed by the West Whitby Landowners Group (“WWLG”) and Region of Durham, in the amount of $36,306,982 (as outlined in Table 5 of Report PDE 04-25) be approved; 2. That the budget shortfall in Capital Project # 40256058, in the amount of $ 2,373,427 (as outlined in Table 5 of Report PDE 04- 25), be funded from the Development Charges Roads and Related Town-wide Infrastructure Reserve Fund (“DC Roads RF”); 3. That the Ontario Ministry of Transportation’s (“MTO”) outstanding reimbursement for the MTO portion of Des Newman Boulevard / Coronation Road and Rossland Road works, in the amount of $8,875,817 (as outlined in Table 4 of Report PDE 04-25), be funded from the DC Roads RF to be offset by any future recoveries from the MTO; 4. That staff be authorized to negotiate, and the Mayor and Clerk be authorized to execute, one or more agreements with the WWLG to close the Development Charges Works Funding and Reimbursement Agreement (“WWLG Agreement”) for the Des Newman Boulevard and Rossland Road works, and to indemnify each other for future claims and costs related to the project, all in a form that is satisfactory to the Commissioner of Financial Services and Treasurer (or designate) and the Commissioner of Legal and Enforcement Services/Town Solicitor (or designate); and, 5. That staff be authorized to negotiate and finalize, and the Mayor and Clerk be authorized to execute, one or more cost sh

1. That staff be authorized to award a single source contract to Thomas Brown Architects for the detailed design of the New Whitby Fire Station, in the amount of $942,185 plus HST, funded from capital project # 71231201 - FH6 - New Construction; and, 2. That a 2025 capital project be approved for the construction of Fire Hall 6, in the amount of $17,000,000, funded from internal borrowing between Development Charges reserve funds as outlined in Report FS 26-25. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 9 0 0

1. That the 2026 to 2028 Multi-year Budget Process, Communication and Public Engagement Plan and Budget Calendar outlined in Staff Report FS 27-25 be approved with Budget Books to be released on October 27, 2025 and with the Mayor’s Budget Memo to be provided on November 7; 2. That the following reduced timelines for budget amendments, vetoes, and other budget procedural matters for the 2026 to 2028 Multi-year budget be approved: a. The Council Budget Amendment Period be reduced to 20 days (from 30 days) following Council’s receipt of the proposed budget from the Mayor; b. The Council Override of the Mayor’s Veto Period expire 14 days (from 15 days) after the Mayor’s Veto Period; c. The deadline to provide the Clerk with Council motions to amend the budget be set for 4:30 p.m. on November 24, 2025; d. The Town Clerk is authorized to cancel the November 27, 2025 and December 15, 2025 Special Council Meetings on the budget if no Council Budget Amendments are received by the Town Clerk by 4:30 p.m. on November 24, 2025; e. The deadline to provide the Clerk with Council motions to override the Mayor’s Veto of any Council-approved budget amendments be set for 4:30 p.m. on December 10, 2025; and, f. The Town Clerk is authorized to cancel the December 15, 2025 Special Council Meeting on the budget if the Town Clerk does not receive any motions to override the Mayor’s vetoes, if any, to Council Budget Amendments by 4:30 p.m. December 10, 2025; 3. That Council receives for information

1. That Report CLK 05-25 providing an update and overview of the Town’s accountability and transparency framework be received for information; 2. That the revised Accountability and Transparency Policy G 010 appended as Attachment 1 to Report CLK 05-25 be approved; 3. That the Clerk be directed to bring forward a by-law to amend Procedure By-law #8081-24 to enact the following changes: a. Include the playing of the National Anthem as part of the opening protocols for Regular Council meetings; b. Preclude delegates for Integrity Commissioner reports; and, c. Permit recorded votes at Standing Committee meetings. 4. That the revised Closed Meeting Policy G 040 appended as Attachment 2 to Report CLK 05-25 be approved; and, 5. That the Clerk be directed to take the necessary actions to use the Ontario Ombudsman as the default closed meeting investigator in accordance with section 239.1 of the Municipal Act, 2001, including termination of the existing agreement for closed meeting investigator services with the Local Authority Services (LAS). For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 8 1 0

1. That report FES 01-25 be received for information on the pending changeover to the Medical Priority Dispatch System (MPDS); and, 2. As per the Fire Department Establishing and Regulating By-law #7263-17 (Attachment #1), Council approves an amendment to the Town of Whitby’s current Fire Tiered Response Criteria (Attachment #2), moving the Town of Whitby to Level A, in alignment with the City of Oshawa, the Town of Ajax and the Township of Clarington.